Ariel,
Thanks but I was not asking a question about the difference between Early Warning and GAC Advice.  

In addition to responding to GAC Advice,  it's also possible that a Registry Applicant may wish to respond to an Early Warning with an agreed RVC with the GAC country that issued the Early Warning.  This was made clear in Sub Pro discussions and in the Council's Clarifying Statement to the Board in connection with the previous Pending Recs.  So the question is:  which section of the AGB covers the fact situation where a registry agrees on an RVC in response to a GAC Early Warning (which may come from only one country.)  I'm guessing maybe I have not read this draft language sufficiently thoroughly but it does seem to to me that the Early Warning fact situation with a registry proposed RVC could delay an application in a similar manner to an RVC response to GAC Advice and should therefore be mentioned in the "Exceptions" section in the AGB.

What am I missing here?

Thank you,
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com


On Mon, Jan 6, 2025 at 1:06 PM Ariel Liang <ariel.liang@icann.org> wrote:

Hello Anne,

 

To our understanding, the GAC Advice and GAC Early Warning have significantly different ‘weight’, as the Board is required to consider a GAC Advice and act on it accordingly, but not for a GAC Early Warning (which can be issued by one or more GAC members, not by the entire GAC).

 

For example, if a GAC Early Warning flags certain concerns with an application, the applicant may actually do nothing, knowing the risk of a potential GAC Advice to the Board (which may or may not happen). The applicant has the option to propose an RVC after receiving the GAC Early Warning in order to reduce the risk, but in general the approval or rejection of such an RVC has no bearing on whether the application is able to proceed.

 

However, in the event the GAC, in its advice, advises the Board that an application cannot proceed unless agreement is reached on a proposed RVC that is approved by ICANN, then the applicant cannot ‘ignore’ the GAC Advice and the approval/rejection of a proposed RVC in response to such a GAC Advice will have bearing on the fate of the application. This is further elaborated in Section 3.4 of the “Community Input and Dispute Resolution” topic.

 

I hope I answered your question, Anne?

 

Best,

Ariel

 

 

From: Anne ICANN <anneicanngnso@gmail.com>
Date: Monday, January 6, 2025 at 1:21 PM
To: Ariel Liang <ariel.liang@icann.org>
Cc: "subpro-irt@icann.org" <subpro-irt@icann.org>
Subject: [Ext] Re: [SubPro-IRT] Proposed AGB Language: Topic 9 PICs/RVCs/Community Registration Policies

 

Thanks Ariel.  A preliminary question:  trying to understand the difference in 3.2.4 between a proposed RVC in response to GAC Advice versus a proposed RVC in response to GAC Early Warning?

 

Thank you,

Anne

\

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Thu, Jan 2, 2025 at 12:02 PM Ariel Liang via SubPro-IRT <subpro-irt@icann.org> wrote:

Dear All,

 

Happy New Year! Hope you all had some time to relax and feel rejuvenated after the holiday season!

 

During the IRT meeting on 9 January, we are expected to discuss the proposed AGB language for Topic 9 PICs/RVCs/Community Registration Policies. We are circulating the draft language [docs.google.com] to facilitate your preview.

 

Kindly note that we plan to focus discussion on Section 3 RVCs in the Google Doc. To facilitate discussion, we produced a redline document to showcase the changes from the previous version presented to the IRT on 15 Oct 2024. All the relevant documents are uploaded on the meeting wiki page here.

 

Thank you for your preview, and speak to you soon next week!

 

Best Regards,

Ariel

 

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